Regulation 31. Value of public works

(1) With regard to public works contracts, the calculation of the estimated value shall take account of both the cost of the works and the total estimated value of the supplies and services that are made available to the contractor by the contracting authority provided that they are necessary for executing the works.

(2) Where a proposed work or a proposed provision of services may result in contracts being awarded in the form of separate lots, account shall be taken of the total estimated value of all such lots.

(3) In the case where the aggregate value of the lots established in sub-regulation (2) is equal to or exceeds the threshold laid down in Schedule 5, these regulations shall apply to the awarding of each lot.

(4) Where a proposal for the acquisition of similar supplies may result in contracts being awarded in the form of separate lots, account shall be taken of the total estimated value of all such lots when applying points (b) and (c) of Schedule 5.

(5) Where the aggregate value of the lots established in sub-regulation (4) is equal to or exceeds the threshold laid down in Schedule 5, these regulations shall apply to the awarding of each lot.

(6) Notwithstanding the provisions of sub-regulations (2), (3), (4) and (5), contracting authorities may award contracts for individual lots without applying the procedures provided for under these regulations, provided that the estimated value net of VAT of the lot concerned is less than eighty thousand euro (€80,000) for supplies or services or one million euro (€1,000,000) for works. However, the aggregate value of the lots thus awarded without applying these regulations shall not exceed 20% of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies or the proposed provision of services has been divided.